# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 12

- 397V (E

- Filed: September 10, 2014)

* * * * * * * * * * * * * * *
JENNAH QUTUB, * UNPUBLISHED

*
Petitioner, * Special Master Hamilton

- Fieldman

*

v. *

* Influenza (“Flu”) Vaccination ;
SECRETARY OF HEALTH AND * Shoulder Injury Related to Vaccine
HUMAN SERVICES, * Administration (“SIRVA”); Decision;

* Proffer. Respondent. *

* * * * * * * * * * * * * * *

Clifford J. Shoemaker , Shoemaker and Associates, Vienna, VA, for Petitioner.

Lisa A. Watts , U.S. Department of Justice, Washington, DC, for Respondent.

DECISION AWARDING DAMAGES 1



### On June 20, 2012, Petitioner, Jennah Qutub, filed a petition seeking compensation under the National Vaccine Injury Compensation Program (“the Vaccine Program”). Petitioner alleged that the administration of an influenza vaccination on January 25, 2011,

c aused her to suffer a shoulder injury related to vaccine administration (“SIRVA”). 2

1 

### Because this unpublished decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this decision on the United States Court of Federal Claims’ website, in accordance with the E

- Government

Act of 200 2, Pub. L. No. 107

- 347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1)

that is a trade secret or commercial or financial in substance and is privileged or
confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Otherwise, “the entire”

de cision will be available to the public. Id.

2 

### The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755,

### Respondent submitted in a P roffer, filed on September 9, 2014, that based on the

evidence of record, Petitioner should be awarded $206,652.15, and that Petitioner agrees

to this amount.

The undersigned finds said proffer reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein. Pursuant to the terms stated in the attached Proffer, the undersigned awards Petitioner:

A l ump sum total of $206,652.15 , representing the discounted present value

of Petitioner’ s projected vaccine

- related injury expenses ($10,111.08), past lost earnings ($42,528.00), pain and suffering ($153,792.00), and past

un

- reimbursable expenses ($221.07 ) in th e form of a check payable to

P etitioner.

Proffer Section II, III.

The undersigned approves the requested amounts for Petitioner’s compensation. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of

the court is directed to enter judgment herewith. 3



### IT IS SO ORDERED.

s/Lisa D. Hamilton

- Fieldman

Lisa D. Hamilton

- Fieldman Special Master

codified as amended, 42 U.S.C.A. ' 300aa

- 10

- ' 300aa

- 34 (West 1991 & Supp. 2002) (Vaccine Act or the Act). All citations in this decision to individual sections of the

Vaccine Act are to 42 U.S.C.A. ' 300aa.

3 

### Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties joint filing of notice renouncing the right to seek review.IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

________________________________________ JENNAH QUTUB, )
) ECF

Petitioner

, )
)

v. ) No. 12-397V
) Special Master
SECRETARY OF HEALTH AND HUMAN ) Lisa Hamilton

- Fieldman
SERVICES, )
) Respondent. )
)

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

I. Items of Compensation

A. Life Care Items

Respondent proffers that, based on the evidence of record, petitioner should be awarded

$10,111.08 for projected unreimbursable medical expenses. This amount reflects that the award

for projected unreimbursable expenses has been reduced to net present value. See 42 U.S.C.

§ 300aa- 15(a)(1), (f)(4)(A) . Petitioner agree s.

B. Lost Earnings

The parties agree that based upon the evidence of record, it is unlikely that petitioner ’s

vaccine

- related injury will impact her future employment. Thus, future lost earnings under 42

U.S.C. § 300aa- 15(a)(3)(A ) are not appropriate in this case. However, petitioner did experience

a total past loss of earnings in the amount of $42,528.00, and respondent proffers that amount be

awarded to her

. Petitio ner agrees.

1C. Pain and Suffering

Respondent proffers that petitioner should be awarded $153,792.00 in actual and

projected pain and suffering. This amount reflects that the award for projected pain and

suffering has been reduced to net present value. See 42 U.S.C. § 300aa-15 (a)(4), (f )(4)(A)

.

Petitioner agree s.

D. Past Unreimbursable Expenses

Evidence supplied by petitioner documents her expenditure of past unreimbursabl e

expenses related to her vaccine -related injury. Respondent proffers that petitioners should be

awarded past unreimbursable exp enses in the amount of $221.07. Petitioner agre es.

E. Medicaid Lien

Petitioner represent s that there are no Medicaid liens outst anding against her.

II. Form of the Award

The parties recommend that the compensation provided to p etitioner should be made

through a lump sum payment as described be low, and request that the Special Master’s decision

and the Court’s judgment award the following : 1

A. A lump sum payment of $206,652.15, representing the discounted present value

of petitioner ’s projected vaccine

- rel ated injury expenses ($10,111.08 ), past lost

earnings ($42,528.00), pain and suffering ($153,792.00), and past un- reimbursable

expenses ($221.07) in the form o f a check payable to petitioner.

1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court for appropriate relief. In particular, respondent would oppo se any award for future medical expenses and future pain and suffering.

21. Guardianship

Petitioner is a competent adult. Evidence of guardianship is not required in th is case.

III. Summary of Recommended Payments Following Judgment

A. Lump sum paid to petitioner for future vaccine- related expenses,

past un reimbursable expenses, past l ost earnings, and pain and suffering: $206,652.15

Respectfully submitted,

STUART F. DELERY Assistant Attorney General

RUPA BHATTACHARYYA

Director
Torts Branch, Civil Division

VINCENT J. MATANOSKI Deputy Director
Torts Branch, Civil Division

MICHAEL P. MILMOE

. Senior Trial Counsel
Torts Branch, Civil Division

s/Lisa A. Watts

LISA A. WATTS Senior Trial Attorney
Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044 -0146 Telephone: (202) 616-4099

Dated: September 9, 2014.

3